표절과 유사개념- 대법원 2016. 10. 27. 선고 2015다5170 판결과 연계하여 -

This paper is to review plagiarism and its similar concepts with regard to information on the subject of plagiarism case judged actually the first time in our country. Plagiarism is still a concept involving criticism on the acts of self-pretending in the world of literature, art, and science, and is not yet defined by legal concepts or in the laws. However, in reality, the term plagiarism is often used, and similar concepts or neighboring concepts exist in the field of creation, science, and broadcasting etc. Therefore, in this paper, I examined the concept of plagiarism and its similar concepts in connection with the case of the plagiarism in Korea. I explained plagiarism and its similar concepts such as self-plagiarism, parody, copyright infringement, coincidentally the same creations, piracy, misappropriation, and presented some opinions in connection with the case. The concept of plagiarism which is judged in the case is maybe considered to be misreading as it does not correspond to plagiarism if the proper source indication is made. In addition, although the concept of self-plagiarism refers to academic maliciousness or side effects to readers, it should not be an established concept yet. Finally, I gave some suggestions about the meaning of the landmark case in korea and the unsatisfactory points of the reasoning of case, for example, the term “source indication”.